Removal of Default Orange debt on my record

[ecoute]

Hi

Over the last year I have paid of my graduate loan (there was £3,600K outstanding) My car finance (8K outstanding) I now have a very manageable 4.9K in debt 2.3K on a cahoot loan - 877 on an overdraft and 1.5K on a credit card.

These debt are being cut monthly at a quick rate - the credit card and cahoot loan will be gone in the next few months.


I have just done a credit check on myself and scored a measly 420points. There is one major blimp on my file and its from Orange for £266 - I was on dispute with them about a bill (they upgraded me without my consent) then said I had an outstanding balance??? I wrote to them explaing that I never upgraded and had indeed moved to another Network, Orange had given me my PAC code (they cannot do this without the contract being at its end). ITwas all a bit strange I wrote to the debt collectors them and asked for clarification and they kept changing their story (i work in telecomms so know what these companies can be like). They would not send me a bill for the outstanding balance, I never received a reply just had a debt collection company call me and not know what they were on about.

On my credit check it says the Orange debt has gone to Default? What does this status mean and is there a way I can fix this?? I will pay it if I have to but is it too late now? Can I get this off my record? I have no issue paying this if It gets this off my record as I have worked hard on improving my credit rating over the last 18 months.

Any advice gratefully received

P.S is the right thread

[buzby]

It is not a formal Default - simply Orange noting that you defaulted in some element of their agreement with you. Now, even if you get a PAC number and leave a network, service charges are billed in advance, but call charges are in arrears. Orange will have sent you a FINAL Bill, and marked as such. Simply ask them for a copy of this, as you have no record of any outstanding balance.

Once you have this, you can get a better picture. However, you don't have to deal with the DCA whilst you dispute the account, so WRITE to them stating you require the matter be referred back to Orange.

[ecoute]

Cheers

I have not herad back form them for anbout 5 months since I wrote to them - so I guess I will contact them again

[littlegirlgrown]

Hi there - my first time on here so likely to have missed lots of what's already been said! Just read buzby's response...

It is not a formal Default - simply Orange noting that you defaulted in some element of their agreement with you.

...and want to clarify. Does that mean it doesn't have the same adverse effect as, say, a bank default? I thought it was the same

[buzby]

A bank default is the same, it means that in the eyes of the creditor, you have not paid for services received when asked. You've not been taken to court, you've not had an opportunity to appeal it and you have no court record saying a default has been made in your name.

A CC 'Defaul' is where (under the Consumer Credit Act) you have been served with a notice informing you of a breach in the terms of that agreement, and have a number of days to remedy the breach.

The proper 'Default' is a court judgement that notes you have been given an opportunity by a court to defend the action against you, and you either did and lost, or you ignored it. Either way, your Default has been registered by the court and bailiffs may be use to enforce collectrion.

As you can see, the first one isn't really a default -but the firms do their best to muddy the water to make the debtor feel that they all have the same severity.

[ecoute]

Thanks for the info Buzby. Appreciated

I tried to open a bank acount and encountered problems due to this default - I have now settled the default with Orange - do you have any advice on how I can get it removed bearing in mind I have paid it?

I have sent them a fax and then a letter requesting that the default is removed as I have paid the outstanding balance and also explained that the debt collction agencey never explained what the debt was for. I have recieved no reply as of yet.

Any suggestions?

[buzby]

It won't matter that you've paid the default - they'll show it marked as 'satisfied' (confusingly and arrogantly using the same terminology as the Courts yould use in recording a debt). So as there is no issue that the marker against you is correct, it will stay there for 6 years, in exaclty the same way as if you were taken to court and fauld at fault. Do you think that is fair? Neither do I, which is why it's worth getting to the bottom of this refusal you experienced.

Are you SURE that the reason for the refusal was because of this? A CCJ I can appreciate is a problem, but simply because A.N. Company Ltd, said so? I have been told on 3 differenbt occasions that these 'defaults' do not have the weight of other formal Defaults, so it's worth digging a little deeper and finding out, as it may have been a mistake or a completely different aspect of your file that caused the problem.

I'd love an opportunity of taking a firm to court for something as trivial as this, on the basis that my Human Rights had been violated without an opportunity to dispute or fight the original assertion. But that's a battle for another day. Can you still seek clarification on the refusal and get them to confirm that is was because of this so-called 'default' placed on your file?

[ecoute]

Buzby

I did a credit check on myself - the orange thing was the only issue. I wanted to change my bank account from barclays to Llloyds as I have my business account there - The bank manager there is close to my family confirmed that there was an issue with one of my previous addresses - he has opened a basic account but cannot give me a card etc he tried to overrule it but could not. He is a good guy understood the problem, said I need to get confirmation that the default had been settled. Its a real pain because I do not think that this is all my fault. Some of the blame need to be apportioned to Orange

[buzby]

Hmm - I'm still not convinced you've nailed the problem, as 'an issue' at a former address could just as easily be linked to a CIFAS (fraud) report. Unfortunately, they don't explain specifics because by a process of elimination we'd soon rumble what their profiling was. Although, if Orange removed it and there was a secon application, the next refusal could be because you've had too many searches! You just cannot win!

[ecoute]

Hi, I recieved a letter from Orange stating that the account had been settled and my records would be updated. I then received another letter from them saying they would not remove the default as I ha ben in breach of payment. Any recommendations where I should go now?

[buzby]

Do you mean to get the late payment/default flag removed? They'll not do it as it's not an error. But I'm still not convinced this alone is your problem.

[ecoute]

Ok - how would you recommend me sorting my credit file then buzby? Are am in pretty good health financially these days?

[buzby]

It's really down to the bank that refused you. You could use your connection(s) to say that you have done everything to check your file and can find no legitimate reason in the extracts you have received that would lead to a refusal.* So could they please do a manual check, and advise what the problem is, and which agency they used if not the one you got the report from.

*This means that if they are treating the Orange 'default' as the equivlanet of a CCJ, you can challenge this, and their incorrect evaluation of your file.

[ecoute]

Sure buzby have already done that, sending them a copy of the letter I go from Orange just worried what will happen if I apply for future credit/finance etc

[buzby]

That's why its important to get it sorted now. I'd be more interested in the Banks reasons for refusal and the agency used, as this will help you fine tune where the problem lies.

[ecoute]

Sure I spoke to the my business manager he said that It was down o a default being made against me at an old address. I did the credit check on myself through Experian, it showed the defualt and - it was the Orange default.

So now I have paid it do Igo back to Experian and re-check myself?

[buzby]

This is your bank's error then. You have to ask them why a poxy payment dispute with a mobile phone company is counting against you, especially as it is neither a CCA default or a CCJ. You could enquire if they're aware this so-called 'default' is only a one-sided point of view that hasn't even the veracity of formal court action. Being at an old address isn't the issue - and their misunderstanding of your credit file is causing you great concern.

[ecoute]

Well I got the bank account no problem, but have now been denied finance on a car due to "something being on my record from a few years ag